BMO Harris Bank, N.A. v. Greenway Transport, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BMO HARRIS BANK, N.A., No. 2:19-cv-02436-KJM-JDP Plaintiff, ORDER VACATING THE CLERK’S ENTRY

OF DEFAULT AND DENYING

v. PLAINTIFF’S MOTION FOR DEFAULT

JUDGMENT WITHOUT PREJUDICE

GREENWAY TRANSPORT, INC., et al., ECF Nos. 19, 20 Defendants. 16 This case is before the court on plaintiff’s motion for default judgment against defendants Greenway Transport, Inc. and Ajaypal Dhaliwal. ECF No. 20. On October 7, 2021, the court heard plaintiff’s motion and discussed whether defendants were properly served with a copy of the summons and complaint. As discussed at the hearing, plaintiff has not established proper service. See ECF Nos. 14, 15. Accordingly, plaintiff’s motion for default judgment is denied without prejudice to renewal, and the entry of defendants’ default is vacated. See Hale v. Evidencia Display, 2015 WL 4624881, at *2 (C.D. Cal. Aug. 3, 2015) (“Entry of default must be set aside if the defendant was not…